Attorneys for Berry and Aubry were in court Thursday in Los Angeles over a restraining order issued against Aubry in the wake of the fight.
The former couple, who have a four-year-old daughter Nahla together, has been involved in a bitter custody dispute for months.
Last week, Berry took out an emergency protective order against Aubry following the Thanksgiving fight. It banned him from going near her, Nahla or Martinez.
The fight happened in the driveway of Berry's home as Aubry was dropping off Nahla.
It landed both Aubry and Martinez in the same hospital ER. Aubry was subsequently arrested on suspicion of misdemeanor battery, and then released on bail.
Aubry subsequently took out his own protective order against Martinez, who he says threatened to kill him during the fight, which left Aubry with broken ribs and a bruised face.
In court documents, Aubry claimed he was about to get in his car to leave when Martinez told him they needed to talk.
"All of a sudden, Mr. Martinez jumped on me on the side of my body, and punched me such that he had taken me down to the ground," Aubry said.
"He continued to punch me at least two or three times, kicked me in the ribs with his knee or foot, and took my head in his hands and slammed it to the concrete driveway."
Aubry claimed it all happened so fast that he was unable to defend himself. He offered as evidence photos of his unmarked hands.
Aubry also alleged that, during the attack, Martinez threatening him, yelling, "You cost us 3 million dollars. When you see the judge, you're going to tell him you're going to Paris or I'm going to kill you."
The remarks reportedly refer to Berry's expensive and failed bid to move Nahla to Martinez's native France.
Since ending the relationship, Berry and Aubry have fought over whether Berry should have primary custody or joint custody with Aubry.
They shared custody, but in 2011, Berry sought permission to move to Paris with her daughter.
Los Angeles County Superior Court Judge Mark A. Juhas denied the request this month, setting the stage for the latest fireworks.
Aubry is scheduled to appear in court in connection with the Thanksgiving incident on Dec. 13.